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Real Estate Law

Real Estate Law.
Security in every transaction.

Purchase and sale, leases, mortgages, due diligence and real estate investment in Spain. Comprehensive assistance from negotiation to Land Registry registration.

The Area

Real Estate Law,
fully covered.

JM&W's real estate practice accompanies buyers, sellers, landlords, tenants and investors at every stage of property transactions in Spain, both residential and commercial, national and international.

Before any acquisition, we carry out a complete legal due diligence: checking charges, mortgages, attachments, planning status, licences and any registry issues that could affect the transaction.

We pay particular attention to foreign clients — especially Russian-speaking — who wish to buy, lease or invest in Spanish property, guiding them from NIE to notary signing and Land Registry registration.

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4 Service blocks
01
Purchase, Sale & Investment
02
Leases & Evictions
03
Mortgages & Financing
04
Property Rights & Claims
01
Purchase, Sale & Real Estate Investment
Contracts, due diligence, deposit, registration, foreign investment
+
Residential and commercial property purchase — contract drafting and review
Real estate due diligence (charges, mortgages, planning, licences)
Pre-sale deposit contracts (arras)
Notary accompaniment — deed signing
Land Registry registration
Property transfer taxes (ITP, AJD, municipal gains tax)
Foreign real estate investment in Spain
Property holding company formation
Cross-border property transactions
Annulment of real estate contracts
Claims against developer / builder (hidden defects)
Compulsory purchase — assistance to property owner
For foreign clients we also handle NIE applications, bank account opening and full notarial coordination — in Spanish, Russian or English.
02
Leases & Evictions
Residential, tourist and commercial leases, unpaid rent, evictions, deposits
+
Residential tenancy agreements (LAU)
Tourist and holiday rental agreements
Commercial and industrial lease agreements
Lease contract review and negotiation
Unpaid rent recovery — extrajudicial claim
Eviction proceedings for non-payment
Eviction upon lease expiry
Defence against eviction (tenant representation)
Security deposit and rental bond claims
Damage claims for rented property
Rent review and contract modification
Subletting and lease assignment
03
Mortgages & Property Financing
Mortgage formation, cancellation, abusive clauses, foreclosure
+
Mortgage formation — terms review
Mortgage cancellation at Land Registry
Mortgage subrogation (bank transfer)
Mortgage novation (condition modification)
Abusive mortgage clauses — claim
Recovery of unlawful mortgage costs
Defence in mortgage foreclosure proceedings
Dation in payment — negotiation with lender
Second mortgage and subsequent charges
04
Property Rights & Claims
Owner communities, divisions, easements, usufruct, developer claims
+
Horizontal property — owners' communities
Challenge of owners' meeting resolutions
Recovery of unpaid community fees
Division of common property (co-ownership termination)
Easements of way, light and views
Usufruct and limited real rights
Claims against developer for hidden defects
Builder claims (Building Regulation Act)
Neighbour damage claims
Land Registry registration and rectification
Ownership recovery action and possession defence
Inheritance with Spanish property — full management
Other practice areas

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